They Killed my ST-1300

[SMSW]

Bent the rim AND swing arm. That is one hell of a hit!

I'd not say that rim was bent...it was completely destroyed.

I have to wonder if this will ever get to court. Don't most insurance companies settle because of the possibility of huge judgements? And most plaintiffs settle because of the expense and time to take a case to trial?

 

[ST Gui]

I could have (and should've) looked at my mirrors two or three seconds before the impact and I probably would've seen the guy coming, noticed that he was coming in way too fast to be stopping for this red light. Had I seen those things I had plenty of opportunity to pull forward and to the right so he'd miss me. That's assuming I was in gear holding the clutch, but I often don't do that at long red lights. I like to give my hand a break, put it in neutral and release the clutch.

I think you maybe be putting too much responsibility on your shoulders.

Let's assume that your estimate of the truck's speed of 40mph is accurate. That's a bit shy of 60fps. If you'd have seen him in your mirror(s) 2-3 seconds prior to impact you'd have to:

recognize the threat
decide on an escape route (some riders say they always have a plan but still...)
initiate escape
make escape

I wonder if avoiding that collision was even possible under those specific circumstances. There are people to do speed over time/distance calculations for many situations including crashes. That could be pricy but handy in litigation.

If you were doing 20mph that looks like a LOT of damage for being struck by a truck moving at 40mph. Maybe there's a physics or math type here who could tell us what the speed at the point of impact would be with those two stats. Maybe speed isn't the unit appropriate of measure. I guess I'm looking at an equivalent if the bike's speed was zero. But there's probably not enough info for an educated guess.

 

[gunsmoker]

I have to wonder if this will ever get to court. Don't most insurance companies settle because of the possibility of huge judgements? And most plaintiffs settle because of the expense and time to take a case to trial?

Well, there wouldn't be any trial on the issue of negligence and whose fault it is.
It's 100% the other guy's fault 0% mine.

(Even if some of the extra lights I added to my bike weren't working).

( and even if my wires were ugly and untucked (and the reason one of my extra brake lights wasn't working is because the untucked wire got ripped loose by a some shifting cargo a month ago.))

Setting aside the irrational prejudice against untucked wires ---it had nothing to do with this--- and a judge would shut down any such line of questioning at trial and if the other side's attorney brought it up the judge would tell the jury to disregard such testimony ....

THE REAL ISSUE: one side would say
"he wasn't hurt" or
"he was only hurt to level X "
and my side says
"he was hurt to level X+ Y."

But clearly we're not talking about millions of dollars here in any event. Damages have to be proven with evidence. .. Evidence that the judge allows-in as the gatekeeper.
Then the evidence has to be believed and assigned weight by the jury, and their discretion is almost unlimited .

So, sure, there could be a disagreement on the severity of soft tissue injuries that has to be settled by a jury at trial.

 

[gunsmoker]

I’m having trouble posting photos on this forum. Let me see if I can post a photo of the bike that I just bought to replace the ST-1300.

This other bike is a
2006 Honda Shadow Spirit 1100
that I got for two grand,
and it only had 17,000 miles on it.

(Now it’s got 17,500 because I had to ride it back from the seller’s house in Pensacola, Florida!)

 

[gunsmoker]

Not everyone is the same. Here's one thing I learned from my accident. I was evaluated at the ER for a head injury. The docs found nothing. But it took me 30 days to piece together what happened.

I spent quite a bit of time trying to figure out why my bike was pointed in the opposite direction than what I thought I'd been going. And then trying to gather up parts to ride it back to the motel. And of course, the bike was totaled, but my mind didn't register that part.

That headache was there for a reason.


Chris

Pics of my bike crashed along the curb seems to show the side stand was deployed.

Keep in mind I was sitting at a red light when I got hit and video from a convenience store at that intersection shows I was there for five seconds before the truck plowed into me.

Sidestand extended??? How the heck did that happen? Although the spiral pattern of scratching and swirling on the side shows that it was spinning after it was knocked down the road. So maybe the kickstand caught on something and
popped itself out. ???

 

[gunsmoker]

 

[Al st1100]

Since you have a lawyer involved, you should probably stop posting stuff on social media, and tampering with evidence and viewing video tapes, or their attorney could use any or all of your comments and statements against you at trial.
Comments about your jury rigged brake light lever and such etc.

Larry, your so right, are you a Tic-Tok lawyer?